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Articles 1 - 12 of 12
Full-Text Articles in Law
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas
Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas
Journal of Law and Health
As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the …
Private Affairs: Public Employees And The Right To Sexual Privacy, Susan A. Jacobsen
Private Affairs: Public Employees And The Right To Sexual Privacy, Susan A. Jacobsen
Cleveland State Law Review
Currently, the federal circuit courts split on whether public employers can discipline their employees for legal, off-duty sexual activity. The Fifth and Tenth Circuits permit discipline in these scenarios; the Ninth Circuit does not. At issue is whether certain public employees, like police officers, should be held to a higher standard because of their duty to the public or whether the Constitution entitles them to privacy rights that shield them from discipline. This Note concludes the latter and argues against punishing the legal, off-duty sexual conduct of all public employees. Because the right to sexual privacy already exists within the …
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Cleveland State Law Review
In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed …
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner
Cleveland State Law Review
No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …
Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Law Faculty Articles and Essays
The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.
This paper will examine legal issues related to the ability …
Weaning Ohio Employers Off Of Lactation Discrimination: The Need For A Clear Interpretation Of Ohio's Pregnancy Discrimination Act Following Allen V. Totes/Isotoner Corp. Note, Shannon Byrne
Cleveland State Law Review
Part II of this Note will explain the relevant statutory and case law background behind pregnancy and lactation discrimination at both the federal and state levels. Part III.A will explain why the Supreme Court of Ohio's decision [in Allen v. Totes/Isotoner Corp, 123 Ohio St. 3d 21, 2009 Ohio 4231, 915 N.E.2d 622 (2009)] to affirm the appellate court's grant of summary judgment was improper. Part III.B will explain why the Supreme Court of Ohio's analysis of the accommodation issue is incorrect. Part IV.A will describe how this improper decision could open the door to facially discriminatory workplace policies that …
A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway
A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway
Cleveland State Law Review
This Article examines why federal legislative policy-makers and judicial decision-makers should ascertain the impact of the transfer of risk and liability on furthering welfare and security interests and preserving organizational discretion under ERISA and public policy. Part I explains why business organizations or employers transfer risk and liability to employees and retirees. This transfer occurs where global business outcomes cause social consequences that are driven directly by business decisions responding to new global competition and less American economic standing. Part II explains the need to assess the substantive issues and public policy concerns underlying legislative acts and judicial interpretations limiting …
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Pregnant Employees, Working Mothers And The Workplace - Legislation, Social Change And Where We Are Today , Thomas H. Barnard, Adrienne L. Rapp
Journal of Law and Health
Accordingly, the focus of this Article is on the legal and social evolution resulting from the Civil Rights Act's prohibition of sex-based discrimination- and, in particular, pregnancy-related discrimination - in the workplace. Section II of this Article details the reluctance with which courts and employers initially extended workplace rights to women. Sections III and IV discuss Title VII's prohibition against "sex" discrimination and initial court hesitation to interpret that prohibition to include employees discriminated against on the basis of pregnancy. Sections V and VI provide an overview of federal and Ohio law granting pregnancy-related rights to women, including the PDA, …
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
Journal of Law and Health
When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Symposium: The Americans With Disabilities Act - Introductory Comments, Dawn V. Martin
Journal of Law and Health
Each of the articles included in this symposium summarizes the ADA and details the particular provisions of the Act which pertain to its thesis. Therefore, I will only briefly outline the Act's major provisions and implications for the purposes of this introductory discussion.
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone, Michael L. Perlin
Journal of Law and Health
This leads to my thesis. What I call "sanist" attitudes and "pretextual" judicial and legislative reactions dominate social and legal discourse about mentally ill persons (and those so perceived). These attitudes affect and infect interpersonal relationships, social, cultural and political actions, judicial decisions, legislative enactments, scholarly writings, administrative rulings, and litigation strategies. They largely operate on an unconscious (and often invisible) level, and are frequently found in the writings and public pronouncements of otherwise "liberal" or "progressive" individuals. They are also rationalized through the non-reflective use of a false kind of "ordinary common sense" (OCS) and through the use of …
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
Cleveland State Law Review
Although each major amendment of the Immigration and Nationality Act of 1952, the nation's first comprehensive immigration law, has had the positive effect of enhancing broad national policies, the position of the alien professional within the statutory framework has changed with each amendment. The result is that the professional must today comply with more requirements in order to enter the United States for the purpose of employment. The purpose of this Note is to analyze the changes in the immigration laws effected by the 1976 Immigration Act Amendments and the impact of these changes upon the alien professional.